KHADIYAR CONSTRUCTION CO. Vs. COMMISSIONER OF CENTRAL EXCISE,

JUDGEMENT

(1.) Vide order No.C.II/426/WZB/2001 dated 1.3.2001, the appellants were directed to deposit a sum of Rs. 3,68,604.90 confirmed as duty. On 12.4.01 the Tribunal had extended the date of hearing of compliance to today. Today, we find that the intimation sent for personal hearing had been returned by the postal authorities. In the absence of return of the order, we presume that the copy of the order was served. In the face of the failure of the Tribunal's direction, the appeal is dismissed in terms of Sec. 35F of the Central Excise Act, 1944.